While exercising the power of judicial Review, in respect of contract s
entered in to on behalf of the State, the court is concerned primary, as to
whether there has been any infirmity in the dicicion making process ( Chief
Constable of North Wales ( 1982) 3ALL ER 141.The court can not examine the terms
of contract as court has inherent limitation on the scope of any such enquiry.
The court s can certainly examine whether " decision making process was
reasonable, rational and not arbitrary and violative of Articles 14 of the
Constitution. The doctrine of Fairness does not convert the Writ court in to
Appellate Authorities over Administrative Authorities.
In BSN Joshi and sons Ltd vs Nair Coal Services Ltd ( 2006) 11 SCC 548.The scope
of judicial Review was summarised by the Honble Court in matter of award of
The Law as it stands now having regards to the principles laid down may be
- If there are essential conditions, the same must be adhered to.
- If there is no power of General relaxation, ordinarily the same shall not be exercised and principles of strict compliance would be applied where it is possible for all parties to comply with all such conditions.
- The power of relaxation may be held to be existing in regard to case of deviation between parties in regard to any condition.
- The parties who have taken the benefit of such relaxation should not ordinarily be allowed to take a different approach in relation to compliance with another part of tender contract unless the court otherwise finds relaxation of a condition being essential in nature could not be relaxed and this the same was wholly illegal and without jurisdiction.
- Once successful bidders substantially complied with the purport and object of essential conditions, the same may not ordinarily be interfered with.
- The contractor cannot form a cartel.
- Where a decision has been taken purely on public interest, the Court ordinarily should exercise Judicial Restraint.